Divorce Lawyer in Galesburg IL
Helping you navigate the divorce process | Galesburg IL
Divorce can be a confusing and unsettling process, which is why we at Statham & Long want to come alongside you and help you navigate it smoothly.
Divorce isn’t easy on anyone: you, your spouse, and especially your children. Navigating a divorce can be a difficult process, both emotionally and legally. Get the help you need with help from the experts at Statham & Long.
How Can a Divorce Lawyer Help?
A competent divorce lawyer will be able to help walk you through the trickier parts of the divorce process, starting with the divorce petition and its service. Your lawyer will help you and your spouse divide assets and if necessary will accompany you to the court hearing.
Your divorce attorney will help you with the following financial responsibilities included in a divorce:
financial disclosure requirements between spouses
restraining orders prohibiting spouses from changing beneficiary designations or transferring assets before and during the divorce
alimony (how to calculate income available for alimony and the special factors courts consider when determining setting payments)
child support (how to calculate child support in your state)
the division of property and assets, including real property, collectibles, venture capital interests, stock option portfolios, good will, or other business interests, and
the division of retirement benefits.
What Will a Divorce Lawyer Ask Me?
Your lawyer will need to ask you personal questions about finances, assets, and children, if you and your spouse have any. While it may seem uncomfortable, this is an important part of the process so that your lawyer can get an accurate understanding of the potential case and file paperwork accordingly.
“Why are you divorcing the defendant?” will be another important question as many state courts require grounds or reasons for a divorce.
“What is your state of residence?” will likely be one of the first questions asked. The plaintiff must be a resident of the state where the divorce proceedings are filed.
“How long have you been separated?” Some states require a statutory period of separation in which the parties may not live together prior to beginning divorce proceedings.
“Do the two of you have minor children?” Whether there are children under the age of adulthood is a very important question as issues such as custody, visitation, child support and relations with parties of the opposite sex may become hotly debated.
What Will a Divorce Lawyer Need?
While specific questions cannot be anticipated prior to a divorce proceeding, there are a few standard items that every divorce attorney will need in your initial consultation and after.
Your personal info:
Your full name, date of birth and social security number.
Contact information such as an address, landline/cell phone number and email address.
Proof of state residency
The same info from your spouse
The full names, dates of birth and social security numbers of any children born during the marriage.
If you pay child support, how much you pay. If you receive child support, how much you receive.
A list of all joint and separate bank accounts, savings accounts, C.D.’s, Credit Union accounts, Savings Bonds and Stocks and Mutual Funds.
What To Ask a Divorce Lawyer?
In your initial consultation, it’s a good idea to thoroughly discuss pricing, though your lawyer won’t be able to provide a very accurate estimate without having personal information and specifics about the case on hand. You’ll also want to discuss the best route forward and confirm when your attorney-client privilege will begin.
Filing For Divorce
A divorce starts with a divorce petition written by one spouse (the petitioner) and served on the other spouse. The petition is then filed in a state court in the county where one of the spouses resides. The petition includes important information regarding the marriage, including the name of the husband, wife and any children. It will also state if there is any separate property or community property, child custody, and child or spousal support.
The petition (or the divorce papers) must be served on the other spouse. This phase of the process is called "service of process."
The respondent can file a response to the petition saying he or she agrees, which will indicate that both parties agree to the divorce. In this case, it is more likely the case will proceed without a court hearing, which is desirable as a hearing could delay the process and cost more.
Both spouses will have to disclose information regarding their assets, liabilities, income and expenses. If the divorce is uncontested and the spouses can agree on the terms of the divorce, there is only a bit more paperwork to file. Once the court enters the judgment, the divorce is final.
While never exactly ideal, filing for divorce isn’t always the smoothest or cleanest option. Depending on your circumstances, you may be eligible for a non-divorce alternative like summary dissolution, annulment, or legal separation. Speak with us for a free consultation to see your options.
Other Areas Of Service
Statham & Long, LLC
117 E Main St #101, Galesburg, IL 61401